Search for: "Burden v. Burden"
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9 Sep 2015, 8:27 am
Category: Recent Decisions Body: AC36723 - Kunz v. [read post]
19 Nov 2021, 4:05 am
In Erdahl v. [read post]
30 Aug 2012, 9:45 pm
Quality Health Prods. v Country-Wide Ins. [read post]
28 Mar 2024, 6:48 am
Zaid v. [read post]
16 Feb 2023, 10:24 am
Today's advance release tort law opinion: Herrera v. [read post]
22 Aug 2017, 4:30 pm
The petition of the day is: Lindsey v. [read post]
26 Sep 2011, 12:23 pm
PSW Chiropractic Care, P.C. v Maryland Cas. [read post]
26 Aug 2022, 8:40 am
Today's advance release landlord/tenant law opinion: Mention v. [read post]
12 Dec 2011, 11:52 pm
Practice point: CPLR 3211(b) authorizes a plaintiff to move, at any time, to dismiss a defendant's affirmative defense on the ground that it has no merit.Student note: In moving to dismiss an affirmative defense, the plaintiff bears the burden of demonstrating that it is without merit as a matter of law.Case: Coyle v. [read post]
27 Dec 2021, 6:02 am
Citing Matter of Verille v Gardner, 177 AD3d 1068, the Appellate Division confirmed a decision of the New York State Comptroller denying a member of the New York State Employees' Retirement System application for accidental disability retirement [ADR] benefits, explaining that an applicant for ADR bears the burden of showing that his or her "incapacitation from the performance of his [or her] duties was the natural and proximate result of an accident or a disability that… [read post]
16 Jan 2025, 9:56 am
Partnership v. [read post]
15 Aug 2012, 6:39 pm
s history and purposes (post of 10-29-09); on Monroe v. [read post]
27 Dec 2021, 4:00 am
Citing Matter of Verille v Gardner, 177 AD3d 1068, the Appellate Division confirmed a decision of the New York State Comptroller denying a member of the New York State Employees' Retirement System application for accidental disability retirement [ADR] benefits, explaining that an applicant for ADR bears the burden of showing that his or her "incapacitation from the performance of his [or her] duties was the natural and proximate result of an accident or a disability that… [read post]
12 Dec 2007, 1:10 am
The defendant in Romano v. [read post]
15 May 2012, 12:49 am
Practice point: A municipality generally cannot be held liable for injuries sustained as a result of slippery conditions that occur during an ongoing storm.Student note: If the municipality makes a prima facie showing that the accident occurred while a storm was in progress, the burden shifts to the plaintiff to raise a triable issue of fact as to whether the precipitation from the storm in progress was not the cause of the accident.Case: Ali v. [read post]
31 Mar 2023, 8:56 am
Americas v. [read post]
30 Jul 2014, 7:19 pm
The petition of the day is: Texas Department of Housing and Community Affairs v. [read post]
20 Aug 2024, 12:30 pm
Today's criminal law advance release slip opinion: State v. [read post]
28 Apr 2010, 4:17 pm
McDuffie v Rodriguez, 2010 NY Slip Op 03366 (1st Dept. 2010) “Defendants met their prima facie burden of establishing that plaintiff did not sustain a serious injury by submitting the affirmed reports of experts who, after examining plaintiff and reviewing her medical records and MRI studies, found a lack of causation between her complaint of right [...] [read post]
16 Jul 2014, 11:29 am
The US Supreme Court [official website] had remanded the case [JURIST report], Fisher v. [read post]
